AUTHORIZATION TO USE SITE
You agree that use of the BeRecruited is at your sole risk. BeRecruited does not warrant that the site or its service will be uninterrupted or error free. BeRecruited does not make any warranty as to the results obtained from usage of the site or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the site.
You agree that your use of the site will not violate any local, national or international law. All of the information you have provided BeRecruited is completely accurate and truthful. You have not and will not access unrightful information (you have not and will not access other user’s passwords, usernames, etc.). By registering for a college coach’s account, you must be a NCAA Division I, II, or III or other college athletic association head coach, assistant coach and/or official collegiate recruiter. By registering for a high school or club coach’s account, you must be currently employed or have been previously employed by a high school or club organization in the sport for which you are registering. By registering as an athlete, you must in fact be a high school athlete or college student who is looking to transfer to another university as a NCAA athlete. By registering untruthfully as an athlete, college coach, high school coach or club coach you can and will be held liable for your actions and the consequences. This is considered unrightful access to information and BeRecruited reserves the right to pursue further action.
You have not and will not access files reserved solely for our site administrators. You have not and will not solicit other BeRecruited users and/or members. Soliciting registered users of BeRecruited, either coaches or athletes, is strictly prohibited. Legal action will be taken against any and all persons or companies soliciting registered users of BeRecruited. You have not and will not use any of BeRecruited’s material (logos, graphics, art works, text, articles, database, internet coding, etc.) without written permission from BeRecruited and the translated documents provided by BeRecruited are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer or sell any information or services obtained from BeRecruited without the express permission of be Recruited.
YOUR SUBMISSIONS TO OUR SITE
Our site may allow you to post, disseminate, submit, transmit, host, share and/or publish various materials and information, including without limitation videos, photographs, biographical information and other materials (collectively, “User Materials”). You are solely responsible for your User Materials and the consequences of posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to our site.
By using our site and posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to our site, you represent and warrant that you own the entire right, title and interest in and to such User Materials, including without limitation the copyrights therein and thereto (or you otherwise possess sufficient rights in such User Materials, through a written agreement with the owner(s) of such rights, to grant the license, consent and release herein), and that such User Materials: (i) are original and have not been copied in whole or in part from any other work; and, (ii) do not violate, infringe and/or misappropriate the proprietary rights of any third party, including without limitation privacy and publicity rights.
You hereby grant BeRecruited and its agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, media outlets/partners and those acting with authority of the foregoing (collectively, “BeRecruited Parties”), a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable and sublicensable right and license to use, share, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index, crawl, create algorithms based on, modify and/or transcode such User Materials, in any and all formats and through any and all means and channels, including without limitation through streaming and downloading technologies, on the Internet, in publications and advertisements, at scouting/recruiting events and in kits distributed to the media. You further hereby irrevocably consent and allow the BeRecruited Parties to use and share the name(s), voice(s), biographical information, appearance(s), likeness(es), features, characteristics, persona(s), form(s) and/or image(s) of, as well as any statement(s) made by or attributed to, all identifiable individual(s) depicted and/or described in such User Materials (collectively “Names and Likenesses”). You also hereby irrevocably waive as against the BeRecruited Parties all moral rights and rights of restraint in such User Materials.
You hereby fully and completely release, forever discharge, hold harmless and agree to defend and indemnify the BeRecruited Parties from any and all claims, liabilities demands, actions, suits, causes of action and damages (including costs, expenses and attorneys’ fees), that you, or any third party, shall or may have arising out of or in connection with the use of such User Materials and/or Names and Likenesses as provided herein. The license, consent and release herein is binding upon you and your heirs, executors, administrators, successors, licensees and assigns.
COPYRIGHT INFRINGEMENT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT
BeRecruited respects the valid intellectual property rights of others. We will respond to allegations of copyright infringement with respect to content or materials on our site, including without limitation User Materials, in accordance with the Digital Millennium Copyright Act (the “DMCA”)
The DMCA provides a process for copyright owners to give notification to online service providers concerning alleged copyright infringement. When BeRecruited receives a valid DMCA notification, we respond by removing (or disabling access to) the allegedly infringing content or materials. After removing such content or materials, BeRecruited will take reasonable steps to contact the owner of the removed content or materials so that a DMCA counter notification may be submitted. After receiving a valid counter notification, BeRecruited generally restores the allegedly infringing content or materials, unless we receive further notice from the copyright owner that a legal action has been filed seeking a court order to restrain the alleged copyright infringer from engaging in the allegedly infringing activity
If you are a copyright owner, or an agent of a copyright owner, and you believe that any content or materials on our site, including without limitation User Materials, violate your copyright, you may submit a notification pursuant to the DMCA by providing our DMCA agent with the following information in writing (please see 17 U.S.C. §512©(3) for further detail): (i) your physical or electronic signature; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit BeRecruited to locate the material; (iv) information reasonably sufficient to permit BeRecruited to contact you, such as an address, telephone number, and, if available, an email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed copyright.
BeRecruited’s designated agent to receive notifications of claimed copyright infringement under the DMCA is:
Name: Marc E. Fineman
Address: Levenfeld Pearlstein, LLC, 2 N. LaSalle St., Suite 1300, Chicago IL 60602
Fax: (312) 346‑8434
If you believe that your User Materials have been improperly removed because they are not infringing, because you have authorization from the actual copyright owner or the owner’s agent and/or because you have the right to use the User Materials under applicable law, you may send a written counter notification to BeRecruited’s DMCA agent with the following information (please see 17 U.S.C. §512(g)(3) for further detail): (i) your physical or electronic signature; (ii) identification of the User Materials that have been removed or to which access has been disabled and the location(s) at which the User Materials appeared before such User Materials were removed or disabled; (iii) a statement under penalty of perjury that you have a good faith belief that such User Materials were removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) your name, address, telephone number and, if available, email address; and, (e) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located or, if your address is outside of the United States, to the jurisdiction of the Federal District Court for the Northern District of California, and that you will accept service of process from the party that provided notification to BeRecruited of the alleged infringement.
If BeRecruited’s DMCA agent receives a valid counter notification pursuant to the DMCA, we may send a copy of such counter notification to the original complaining party and we may inform such party that we may replace the removed or disabled content in ten (10) business days. Unless BeRecruited’s DMCA agent receives further notice from the original complaining party that it has filed an action seeking a court order to restrain the allegedly infringing activity, we may replace or re-enable access to the allegedly infringing content or materials not less than ten (10), nor more than fourteen (14), business days after receipt of the valid counter notification.
All text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, and music contained on, or comprising, our site, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression and “look and feel” of our site, and the software comprising and/or embodying the foregoing (collectively, the “BeRecruited Content”), are owned, controlled or licensed by or to BeRecruited, and are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark and/or patent laws. Your use of our site gives you no ownership rights in the BeRecruited Content.
© 2000–2014 BeRecruited all rights reserved.
Anyone is eligible to join our affiliate program. An Affiliate can only use their affiliate link either in e-mail or as an image/text link unless otherwise approved by a member of the BeRecruited affiliate staff. After someone has used your affiliate link to visit our site, you have 30 days for that person to sign up in order to earn a referral fee. The following paragraphs outline provisions for the misuse of an Affiliate’s link. Registering as a BeRecruited Affiliate signifies your acceptance of the terms below. If an Affiliate utilizes email to identify and/or target potential consumers, the Affiliate acknowledges that they have read, understand and will comply with all provisions of the Federal CAN SPAM legislation enacted on January 1, 2004, and any updates, changes and/or modifications to this Act (“Controlling the Assault of Non Solicited Pornography and Marketing Act of 2003”). Any Affiliate who does not comply with this Act or is otherwise found to be distributing their affiliate link in an inappropriate manner will have their account terminated immediately, forfeiting all affiliate referral fees. Furthermore, any Affiliate in violation of this act will defend, indemnify and hold harmless BeRecruited and its officers, directors, employees, agents and affiliates against any third party claim or penalty, to the extent arising out of or in connection with its e-mailing practices. The affiliate shall pay any award against BeRecruited and/or its affiliates and any costs and/or attorneys’ fees reasonably incurred by BeRecruited resulting from any such claim as a result of the Affiliate’s non-compliance with the aforementioned legislation. Affiliates are not prohibited from bidding on keywords in any search engine that apply to the BeRecruited trademark (BeRecruited) or represent any misspellings or permutation of our brand name — including, but not limited to: BeRecruited, BeRecruited, be recruited, be recruited.com, berecruited, etc. Affiliates either breaching these Terms or Use or behaving in a manner considered wrongful (both determined by BeRecruited) will be warned. Furthermore, BeRecruited holds the right to withhold any and all commissions associated with such affiliates. Should affiliates have any questions regarding behavior or use of their affiliate link, please consult BeRecruited first.
LINKS TO THIRD PARTY SITES AND VIRUSES
BeRecruited contains links to different Internet sites. These links are not endorsements of any services, products, or companies. Furthermore, information on such site has not been endorsed or approved by BeRecruited. All responsibility or liability for any damages caused by viruses contained within this internet site or in the channels of delivery are disclaimed.
PRODUCT AND SERVICE DESCRIPTIONS AND AVAILABILITY ERRORS
BeRecruited and its suppliers periodically upgrade and revise its products and services to provide you with new products and services. BeRecruited may revise, discontinue or modify products or services at any time without prior notice to you, and products or services may become unavailable without notice. BeRecruited shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, BeRecruited reserves the right to substitute items of equal or greater value when an item or service is unavailable or BeRecruited may cancel the order.
We attempt to be as accurate as possible and eliminate errors on the site, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit (including without limitation issuing), at our option, BeRecruited credits, with a value at least equal to the amount charged to your credit card. BeRecruited reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS, OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SITE), AND PRODUCTS INCLUDED THEREIN ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” “AS AVAILABLE,” WITH NO WARRANTIES WHATSOEVER AND THEREFORE BERECRUITED EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.
BERECRUITED DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OF INFORMATION, CONTENT, OR MATERIALS ON THE SITE, THE FUNCTIONALITY OF THE SITE, OR THE AVAILABILITY OF THE SITE. BERECRUITED CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULT FROM USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BERECRUITED, OR FROM OR THROUGH THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU HAVE NO RIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. BERECRUITED MAKES NO SUCH WARRANTY. BERECRUITED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE INFORMATION MATERIALS, SOFTWARE, FACILITIES, SITE, OR OTHER CONTENT ON THE SITE OR ANY SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. BERECRUITED DOES NOT WARRANT THAT THE FUNCTIONS AND FEATURES MADE AVAILABLE THROUGH THE SITE WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BERECRUITED EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITIES AND LIABILITY FOR THE CONDUCT OF ANY OTHER USER, AND EXPRESSLY DISCLAIMS THAT USER MATERIALS INPUTTED BY OTHER USERS ARE EITHER CORRECT OR ACCURATE. BERECRUITED IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR OTHER USERS OF THE SITE. UNDER NO CIRCUMSTANCES WILL BERECRUITED BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE, ANY USER MATERIALS POSTED ON OR THROUGH THE SITE OR TRANSMITTED TO USERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OR OTHER USERS OF THE SITE, WHETHER ONLINE OR OFFLINE. BERECRUITED TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS THAT ARE POSTED THROUGH THE SITE, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SITE PROVIDED BY ITS ADVERTISERS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION ON LIABILITY
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BERECRUITED IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, SYSTEM, SERVER OR PROVIDER, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. BERECRUITED IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY DEVICES BELONGING TO ANY USER OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE SITE, VIEWING, PLAYING, OR DOWNLOADING ANY USER MATERIALS ON OR FROM THE SITE, OR OTHERWISE IN ANY WAY IN CONNECTION WITH THE SITE.
BERECRUITED ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR USER COMMUNICATIONS. UNDER NO CIRCUMSTANCES WILL BERECRUITED, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, OTHER USERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, GOODWILL, USE DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE, WHETHER OR NOT BERECRUITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATIONS OF LIABILITY SHALL APPLY (A) WHETHER THE DAMAGES ARISE FROM THE SITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (B) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, UNDER NO CIRCUMSTANCES SHALL BERECRUITED BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING TWENTY-FIVE DOLLARS ($25.00) OR THE MINIMUM AMOUNT ALLOWED BY LAW IN THE APPLICABLE JURISDICTION.
RELEASE OF CLAIMS
You agree to release BeRecruited, its affiliates, and third-party service providers, and each associated director, manager, member, employee, agent, and officer, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of the site.
ARBITRATION/NO CLASS ACTION
Except where prohibited by law, as a condition of using this site, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with this site, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator, selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of California, County of San Francisco, or the United States District Court. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of California, County of San Francisco, or the United States District Court.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445‑1254 or (800) 952‑5210.
HOW TO CONTACT US
811 W. Evergreen Ave., Unit 110
Chicago, IL 60642